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Capato died a Florida resident, and Florida law expressly bars childrenconceived posthumously from inheritance, unless they are named in a will.

Theonly beneficiaries named in Capato's will are his wife, their son and his twochildren from a previous marriage.

Family values: Mrs Capato, pictured with her children, used her late-husband's frozen sperm to conceive two of her three children in 2003

The 3rd U.S. Circuit Court of Appeals in Philadelphia overturned thatdecision, saying the Capato twins were clearly the biological children ofRobert Capato and deserved the survivor benefits.

But other federal appellatecourts have ruled differently in similar cases, leaving the Supreme Court tocome to a final conclusion.

On Monday justices unanimously ruled that the twins were not eligible forthe benefits.

Ruling: The Supreme Court (pictured) ruled on Monday that the twins do not qualify for survivor benefits

'We find the Social Security Administration's ruling better attuned tothe statute's text and its design to benefit primarily those the deceased wageearner actually supported in his or her lifetime,' Justice Ruth Bader Ginsburg said.

'And even if the agency's longstanding interpretation is not the onlyreasonable one, it is at least a permissible construction entitled todeference.'

IVF: Mrs Capato conceived the twins using frozen sperm from her late husband

The case was heard by the Philadelphia appeals court because Karen Capatounsuccessfully argued that her children should have been considered citizens ofNew Jersey, which has different inheritance laws from Florida.

The twins wereconceived in Florida, but Karen Capato moved to New Jersey during thepregnancy.

Ginsburg called Robert Capato's death before he and his wife could providetheir children with additional siblings 'tragic'.

But 'the law Congress enacted calls for resolution of Karen Capato'sapplication for child's insurance benefits by reference to state intestacylaw,' she said.